PRIVATE & CONFIDENTIAL
Sample Costs Agreement, Costs Disclosure, Terms and Conditions
Scope of Work
The scope of legal services will been confirmed in writing.
The fixed-fee price will be confirmed in writing.
You may request us to provide additional legal services and/or legal documents, outside the scope of the agreed fixed price. If we agree to perform this work, we can provide this on an hourly rate basis, or you and LV Australia Pty Ltd can agree a fixed-fee cost.
Terms and Conditions
We attach our Terms and Conditions as required by the NSW Law Society.
Please contact us if you have any questions about the Terms.
 This document including our Terms and Conditions, sets out the terms of our offer to provide legal services to you and constitutes our costs agreement and costs disclosure pursuant to the Legal Profession Act 2004 (“theAct”).
We look forward to working with you.
LegalVision ILP Pty Ltd
Phone: 02 8197 1641
Legal Practice Director
Phone: 02 8197 1642
LEGALVISION ILP COSTS AGREEMENT, COSTS DISCLOSURE & TERMS & CONDITIONS FOR LVDox
Thank you for purchasing an online document plus review package from LegalVision ILP Pty Ltd. The legal review is a provision of a legal service to you. We are delighted to assist you. This document sets out the terms of our offer to provide legal services to you and constitutes our costs agreement and costs disclosure pursuant to the Legal Profession Act 2004 (Act). Please contact us if you have any questions about the Terms, at the contact details at the end of these terms.
- 1. Scope of Work
You have purchased an online document plus review package, as set out on the website available at legalvision.com.au (Site).
- 2. Professional Fees
The professional fees for the online document plus review package are set out on the Site.
- 3. Acceptance
You accept the Costs Disclosure, Costs Agreement and Terms and Conditions (Terms) by paying LV Australia Pty Ltd and/or instructing or continuing to instruct us LegalVision ILP Pty Ltd. Upon acceptance you agree to pay for our services on these Terms.
- 4. Services and Documents
If you have engaged us to create legal documents, we are not engaged to and will not provide legal advice, unless you have also engaged us to provide legal advice.
We provide draft and final legal advice and documents in PDF format, not Word or other editable format, unless otherwise agreed in writing with you.
- 5. Termination by You
You may terminate our services by written notice at any time. If you do so you will be required to pay the costs for services provided up to the date of termination.
- 6. Ongoing Work – Professional Fees
If you request additional work beyond the fixed-fee scope, we will either:
- (a) provide you with a further fixed-fee quote, or
- (b) charge you professional fees for the work we do based on the following hourly rates:
- – Legal Practice Director: $395 per hour (ex GST);
- – Senior Lawyer: $350 per hour (ex GST); and
- – Lawyer: $250 per hour (ex GST).
You will be proportionately charged for work involving shorter periods less than an hour, on a pro-rata basis for time spent.
Our rates are reviewed around 30th June each year and may change during the course of a matter. In lengthy matters, this may impact upon our cost estimates which may be revised accordingly.
- 7. Expenses and Disbursements
You are responsible for paying internal expenses and disbursements which we incur in carrying out your instructions. We do not charge you for incidental administrative tasks incurred in working on your matter. If you request us to provide hard-copy documents, these are charged at 10 cents per page for printing. Disbursements are monies which we pay or are liable to pay to others on your behalf. If you request legal services that require disbursements, we will let you know the costs in advance, where possible.
- 8. Payment Methods
The usual policy is that fixed-fee prices are payable up-front to LV Australia Pty Ltd. The fixed-fee price has been confirmed by email between you and LV Australia Pty Ltd, copy to LegalVision ILP Pty Ltd (collectively LegalVision). You have made a payment to LV Australia Pty Ltd, however your solicitor/client relationship is solely with LegalVision ILP Pty Ltd. Part of that payment is paid to LegalVision ILP Pty Ltd to provide you with legal advice and services.We reserve the right to:
- (a) ask the client for their credit card details;
- (b) ask the client to pay monies into our trust account; and/or
- (c) approve credit.
Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.
- 9. Billing Arrangements
The usual policy is that fixed-fee prices are payable up-front to LV Australia Pty Ltd. If you have agreed a different payment method with LV Australia Pty Ltd, you agree to pay as agreed. If LV Australia Pty Ltd issues tax invoices for ongoing work, these may be issued at the end of each week, month or matter. LegalVision may issue tax invoices on a more or less frequent basis depending on the nature of the work. All tax invoices are due and payable as set out on the tax invoice.
- 10. Authorisation to Transfer Money from Trust Account
If relevant, you authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, internal expenses and disbursements in accordance with the provisions of clause 88(3)(a)(i) of the Legal Profession Regulation 2005 (the Regulation).
- 11. Interest Charges
Interest at the maximum rate prescribed in Regulation 110A of the Regulation(being the Cash Rate Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts unpaid after the expiry of 30 days after a tax invoice is given to you. Our tax invoices will specify the interest rate to be charged.
- 12. Recovery of Costs
The Act provides that we cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Act) has been delivered to you.
- 13. Your Rights
You have the right to:
- (a) obtain independent legal advice before agreeing to the proposed costs agreement;
- (b) negotiate the costs agreement with us;
- (c) receive a lump sum bill for legal services provided;
- (d) receive an itemised bill, if you request it within 30 days of receiving the lump sum bill;
- (e) request in writing, and be provided with, a written progress report of your matter and the legal costs incurred for your matter;
- (f) be notified of any substantial change to any matter affecting costs; and
- (g) accept or reject any offer we make for an interstate costs law to apply to your matter, or notify us that you require an interstate costs law to apply to your matter.
You agree that we may disclose your logo and company or business name, on our website and marketing material, as a client of ours. You have the right to limit or revoke this permission.
We are entitled to charge you a reasonable amount to provide a progress report on your matter but may not charge to provide a written report on the legal costs incurred by you.
Nothing in these terms and conditions affects your rights under the Australian Consumer Law.
- 14. Your rights in relation to a dispute concerning costs
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact any member of our staff, or contact us on the Site.If you have a dispute about our legal costs, please discuss your concerns with us to give us the opportunity to resolve the issue promptly and without it adversely impacting on our business relationship.If the issue is not resolved, you have the following avenues of redress:
- (a) apply to the Manager, Costs Assessment located at the Supreme Court of NSW for an assessment of our costs. An application must be made within 12 months after the bill was provided or request for payment made or after the costs were paid;
- (b) apply to the Costs Assessor to set aside some or all of these terms on the grounds they are not fair or reasonable; and
- (c) ask the President of the Law Society or the Legal Services Commissioner for mediation if the amount in dispute is less than $10,000.
- 15. Confidentiality
- (a) At all times we will seek to maintain the confidentiality of your confidential information.
- (b) We may, on a confidential basis, provide your information to third parties where we consider it is appropriate for the proper conduct of your matter. This may include to LegalVision ILP Pty Ltd employees and contractors, LegalVision Pty Ltd, our parent company, LV Australia Pty Ltd, our sister company, and to solicitors or barristers in our network for the purposes of advising you and managing your matter.
- (c) We may disclose your information where permitted or required by law to do so, or where such information is no longer confidential.
- (d) You must keep the terms of our engagement confidential, including our rates and fees.
- 16. Managing Conflicts
We act for many businesses in similar industries. These businesses may compete with each other. We follow the Law Society of NSW guidance on managing conflicts, including that we cannot act for parties on different sides of a dispute, and we generally cannot act for you if we have previously provided legal advice to a person you are in dispute with.
- 17. Variables which may impact on costs estimates
Some of the variables which may impact upon any cost estimate provided are:
- (a) the number and duration of telephone calls or other communications;
- (b) timing and content of your response to requests for information or instructions;
- (c) whether your instructions are varied;
- (d) whether documents have to be revised in light of varied instructions;
- (e) the lawyer or other persons with whom we deal and the level of co-operation of the lawyer’s clients and other persons involved;
- (f) changes in the law; and
- (g) the complexity or uncertainty concerning legal issues affecting your matter.
- 18. Retention and copying of your documents
On completion of your work, we will retain your documents for 7 years. Your (express or implied) agreement to these terms constitutes your authority for us to destroy the file 7 years after the date of our final tax invoice. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs.On completion of your work or following termination (by either party) of our services you will be liable for the cost of retrieving documents in storage and also any photocopying charges we incur and our professional fees in connection with the provision of your file to you or as directed by you.
- 19. Responsibility
Unless otherwise stated in this costs agreement:
- (a) we will not independently verify the accuracy of information and documents you provide to us;
- (b) we are not responsible for informing you of changes in the law, regulations or interpretations after we have provided the agreed work;
- (c) our work is only meant for you in the context of your instructions to us. We are not responsible for any other use of our work. You must not give our work to anyone else, unless we agree first;
- (d) we are lawyers and you should only rely on us for legal advice in the context of our agreed scope of work. We seek to better understand, and usefully interact with, you and may discuss matters outside our expertise, for example commercial matters. In such event, we are not giving advice that you can rely on. You should consider obtaining specialist advice;
- (e) we are not responsible for any changes that you make to our advice or documents; and
- (f) we are not responsible for any purposes that you use our advice or documents for, except for the purpose that the advice or documents were provided.
- 20. Your Obligations
You warrant that throughout the terms of engagement that:
- (a) there are no legal restrictions preventing you from agreeing the Terms;
- (b) you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
- (c) the information you provide to us is true, correct and complete;
- (d) you will not infringe any third party rights in working with us and receiving the Services;
- (e) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
- (f) you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
- (g) you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve months period.
- 21. Exclusions
We are business lawyers in Australia. The scope of our legal services is set out on our website: legalvision.com.au We do not provide advice on the law of other countries. We do not provide advice in other areas, including tax law, tax, financial planning, accounting, insurance or criminal law. You should seek advice from a specialist, including an accountant, financial adviser, insurance broker or other qualified adviser regarding tax, financial planning, accounting matters and insurance, if required. You should speak to a specialist lawyer about areas outside of our expertise.
- 22. Delay
Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
- 23. Third party advice and services
On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services. We disclaim all responsibility and liability for all losses, damages, expenses and costs that you or any person may incur due to the third party advice or provision of services, or failure to advise or provide services.
- 24. Termination by Us
We may cease to act for you or refuse to perform further work, including:
- (a) while any of our tax invoices remain unpaid;
- (b) if you do not within 7 days comply with any request to pay an amount in respect of disbursements or future costs;
- (c) if you fail to provide us with clear or timely instructions to enable us to provide the Services;
- (d) if you refuse to accept our advice;
- (e) if you indicate to us or we form the view that you have lost confidence in us;
- (f) if there are any ethical grounds which we consider require us to cease acting for you, for example an inappropriate, improper or unlawful request, or a conflict of interest;
- (g) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
- (h) if in our sole discretion we consider it is no longer appropriate to act for you.
We will give you reasonable written notice of termination of our services. You will be required to pay our costs incurred up to the date of termination.
- 25. Lien
Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours in our possession:
- (a) we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid, and
- (b) our lien will continue notwithstanding that we cease to act for you.
- 26. Privacy
We are required and committed to protecting your personal information in accordance with our obligations under the Privacy Act 1988 and the Australian Privacy Principles. Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000 (Cth.). Disclosure of such information may be compelled by law (e.g. under the Social Security Act 1991 (Cth)). You also authorise us to disclose such information where necessary to others in furtherance of your claim/matter.
- 27. Providing Material Electronically
We are able to send electronic mail to you and receive electronic mail from you. However, as such mail is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to provide or transmit any document or information electronically, by email or other online or electronic system for sharing or storing documents, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
- 28. GST
Where applicable, GST is payable on our professional fees and expenses and will be clearly shown on our tax invoices. By accepting these terms you agree to pay us an amount equivalent to the GST imposed on these charges.
- 29. Assignment
The Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
- 30. Severance
If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
- 31. Jurisdiction & Governing Law
The Terms are governed and construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
For more information about your rights, please read the facts sheet titled Legal Costs – your right to know. You can ask us for a copy, obtain it from your local law society or law institute, or download it from their website.
LegalVision ILP Pty Ltd (ACN 167 804 088)
Suite 2C, Level 2, 2-12 Foveaux Street, Surry Hills NSW 2010
Document support: firstname.lastname@example.org
General support: email@example.com
Last update: 28 October 2014
Liability limited by a scheme approved under Professional Standards Legislation.
LegalVision ILP Pty Ltd directors and employee legal practitioners are members of the scheme.
© LegalVision ILP Pty Ltd 2014